Creating Trusts | Trust Lawyer Sydney

A trust is an arrangement under which a person or entity holds property or assets for the benefit of others. The person holding the asset or property is the trustee. The people or companies for whose benefit it is held are the beneficiaries.

Unlike a company, a trust is not a separate legal entity, although it is treated as a separate entity when it comes to registering for tax. That means the trustee is liable for any of the trust’s debts, which is why many people elect to have a company as a trustee.

Trusts can be set up by deed during a person’s lifetime, or by will to take effect after the person’s death. Trusts established by a will are known as testamentary trusts. The different types of trust we regularly deal with include testamentary trusts, unit trusts, fixed and discretionary trusts, and SMSFs. 

We have experience in both creating trusts and drafting the trust deed and setting up the trust to a high standard, and also managing disputes and litigation with respect to these matters.

Our expert commercial lawyers can advise you on whether a trust serves your best interests and objectives and help determine the type of trust that is most suitable for you. We will explain comprehensively how the trust works and help identify the appropriate trustee and appointor. We will further explain any implications of trusts in your estate planning, and asset protection requirements.

At Green & Associates Solicitors, what sets us apart is our addiction to not only achieving your target or goal, but doing it in the quickest, cheapest and most impressive way possible. Each and every one of our clients can expect that from us in every matter we undertake.

Green & Associates Solicitors Experience and Success

• We regularly create trusts for various different purposes, including unit trusts for standard trading companies, compartmentalised property and intellectual property holdings companies, SMSFs, bare trusts for SMSF property purchases, special purpose vehicles for joint ventures, new businesses and property developments, family discretionary trusts and testamentary trusts; 
• We create specialised and tailored constituent documents to regulate the arrangement, keep everyone on the same page and avoid disputes, including shareholders’ agreements and constitutions for the corporate trustees and the trust deeds themselves.

We are also uniquely placed to provide in-house legal advice to Businesses and Individuals across a broad range of matters, including:

• employment-law issues (i.e. enforcing or dispute a restraint of trade clause for previous or new employees);
• compliance and regulatory issues (i.e. licencing and underquoting breaches)
• criminal matters;
• property related matters;
• defamation proceedings; and
• all types of commercial matters